Legal Question in Family Law in Pennsylvania

what is a gift

My fiance and I have decided to part ways. He has been living in my home for the past 18 months. Prior to co-habitating and the engagement, he purchased a few items (kitchen table & chairs, dvd player). Does this qualify as a gift? He has taken back other gifts given to me but threatens legal action against me for gifts I gave to him.


Asked on 1/28/09, 12:31 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: what is a gift

You asked about the winding up of a relationship.

Unfortunately the end of a relationship always ends with hurt feelings. Whether its a personal affair or a business relationship someone feels they were more slighted than the other.

In most cases the parties are mature: they wish each other well and walk away. In other, not so much.

Gifts are gifts. Everyone knows the difference between a gift and a simple purchase. My advice is that neither party can demand the return of gifts. But any normal purchase is subject to return.

If there is anything of sentimental or higher monetary value then it is more likely worth fighting over. But if the value is less then is it actually worth fighting over. Nor is it worth it to play a tit for tat game.

I would question the value of any objects given by someone who has turned out so petty. Do you really want reminders of this guy around when you've moved on to someone who turns out to be right?

But I also advise never to let the threat of legal action cause one to back down, unless you are clearly in the wrong. It's a bully tactic and often is no more than a threat. And even if you lose then you've only lost what you were requested to give up anyway.

And if he's getting petty then you may want to figure out the value of rent, utilities, food, cooking, cleaning, etc. over 18 months and send him a bill.

Regards,

Roger

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Answered on 1/28/09, 1:56 pm


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